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GENERAL DYNAMICS CORPORATION v. WHITCOMB

No. 14629.

443 F.2d 630 (1971)

GENERAL DYNAMICS CORPORATION, and American Airlines, Inc., Appellants, v. Richard T. WHITCOMB, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 15, 1971.

Attorney(s) appearing for the Case

William K. Kerr, New York City (Albert E. Fey, and Fish & Neave, New York City, Jack E. Greer, and Williams, Worrell, Kelly & Worthington, Norfolk, Va., on the brief) for appellants.

Carl G. Love, Washington, D. C. (William K. West, Jr., Memphis, Tenn., Donald J. Bird, and Cushman, Darby & Cushman, Washington, D. C., Edward L. Breeden, III, and Breeden, Howard & MacMillan, Norfolk, Va., on the brief), for appellee.

Before SOBELOFF, WINTER and CRAVEN, Circuit Judges.

SOBELOFF, Senior Circuit Judge:

The patent which is the subject of this litigation pertains to a device in the field of aerodynamics. Richard T. Whitcomb is the holder of United States Letters Patent No. 2,967,030 for a "Boundary-Layer Control Means for Lifting Wings." General Dynamics Corporation brought suit against Whitcomb for a declaratory judgment that his patent is invalid and not infringed by General Dynamics. Whitcomb counterclaimed, seeking damages for infringement...

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